Committee of Adjustment
Comité de dérogation
DECISION
CONSENT/SEVERANCE
Panel: 2 - Suburban
Application: Consent under section 53 of the Planning Act
Applicants: Marissa and Mathieu Brisebois
Property Address: 6208 Renaud
Ward: 19 - Orléans South-Navan
Legal Description: Part of Lot 5, Concession 4
Zoning: R4ZZ [2984]
Zoning By-law: 2008-250
Heard: March 4, 2025, in person and by videoconference
APPLICANTS’ PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicants want to subdivide the property into two lots to create one new lot for residential development. The existing detached dwelling will remain on the other lot.
CONSENT REQUIRED
2The Applicants seek the Committee’s consent to sever land and for a mortgage or partial discharge of mortgage.
3The severed land, shown as Parts 1 and 2 on a plan of survey filed with the application, will have frontage of 15.2 metres, a depth of 40.07 metres, and a lot area of 602 square metres. This vacant parcel will be known municipally as 6204 Renaud Road and is proposed to contain a future semi-detached dwelling.
4The retained land, shown as Part 3 on said plan, will have frontage of 17.87 metres, a depth of 40.07 metres, and a lot area of 707 square metres. This parcel is known municipally as 6208 Renaud Road and will contain the existing detached dwelling.
5The application indicates that Part 4 on the plan of survey will be conveyed to the City of Ottawa for a road widening.
6The subject property is not the subject of any other current application under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
7Kayla Blakely, agent for the Applicants, responded to the Panel’s questions and agreed that a condition requested by the City requiring the demolition of existing structures that encroach over the proposed lot line, including a garage and shed, should also include the addition on the west side of the existing detached dwelling.
8Ms. Blakely also confirmed that the relocation of the driveway would comply with applicable City by-laws.
9City Planner Nivethini Jekku Einkaran confirmed that she had no concerns with the application.
10Following the public hearing, the Committee reserved its decision.
DECISION AND REASONS OF THE COMMITTEE: APPLICATION GRANTED
Application Must Satisfy Statutory Tests
11Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Policy Statement and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):
Criteria
(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,
a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;
b) whether the proposed subdivision is premature or in the public interest;
c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;
d) the suitability of the land for the purposes for which it is to be subdivided;
d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;
e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;
f) the dimensions and shapes of the proposed lots;
g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;
h) conservation of natural resources and flood control;
i) the adequacy of utilities and municipal services;
j) the adequacy of school sites;
k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;
l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and
m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2)
of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31
(2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).
Evidence
12Evidence considered by the Committee included all oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
Application and supporting documents, including cover letter, plans, tree information report, parcel abstract, photo of the posted sign, and a sign posting declaration.
City Planning Report received February 27, 2025, with no concerns.
Rideau Valley Conservation Authority email received February 28, 2025, with no objections.
Hydro Ottawa email received February 21, 2025, with comments.
Hydro One email received February 28, 2025, with no comments.
J. Waddington, resident, email received February 27, 2025, with comments.
Effect of Submissions on Decision
13The Committee considered all written and oral submissions relating to the application in making its decision and granted the application.
14The Committee notes that the City’s Planning Report raises “no concerns” regarding the application subject to the requested conditions, as amended and agreed to by the Applicant’s agent.
15Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Policy Statement that promotes efficient land use and development as well as intensification and redevelopment within built-up areas, based on local conditions.
16The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety.
17Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.
18Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.
19THE COMMITTEE OF ADJUSTMENT ORDERS that the application is granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.
Absent FABIAN POULIN VICE-CHAIR
"Jay Baltz" JAY BALTZ TING PANEL CHAIR
"George Barrett" GEORGE BARRETT MEMBER
"Heather MacLean" HEATHER MACLEAN MEMBER
"Julianne Wright" JULIANNE WRIGHT MEMBER
I certify this is a true copy of the Decision of the Committee of Adjustment of the City of Ottawa, dated March 14, 2025.
“Michel Bellemare”
MICHEL BELLEMARE SECRETARY-TREASURER
NOTICE OF RIGHT TO APPEAL
To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form and the filing fee must be submitted via one of the below options and must be received no later than 3:00 p.m. on April 3, 2025.
OLT E-FILE SERVICE – An appeal can be filed online through the E-File Portal . First-time users will need to register for a My Ontario Account. Select [Ottawa (City): Committee of Adjustment] as the Approval Authority. To complete the appeal, fill in all the required fields and provide the filing fee by credit card.
BY EMAIL - Appeal packages can be submitted by email to cofa@ottawa.ca. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. Please indicate on the appeal form that payment will be made by credit card.
IN PERSON – Appeal packages can be delivered to the Secretary-Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. In person payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the appeal form if you wish to pay by credit card.
Please note only one of the above options needs to be completed. If your preferred method of appeal is not available at the time of filing, the appeal must be filed with one of the other two options.
The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application.
Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.
There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.
If you have any questions about the appeal process, please visit File an Appeal | Ontario Land Tribunal
NOTICE TO APPLICANT(S)
Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.
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Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436
Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436
APPENDIX A
That the Owner(s) provide evidence that payment has been made to the City of Ottawa for cash-in-lieu of the conveyance of land for park or other public recreational purposes, plus applicable appraisal costs. The value of land otherwise required to be conveyed shall be determined by the City of Ottawa in accordance with the provisions of By-Law No. 2022-280, as amended. Information regarding the appraisal process can be obtained by contacting the Planner.
That the Owner(s) provide a letter to the satisfaction of the Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate from the Trustee of the East Urban Community (EUC) Cost Sharing Agreement, confirmed in writing that the said Owner is in good standing under the terms of the said EUC Cost Sharing Agreement and that all amounts owing and/or works and services to be performed under the said Agreement have been paid and/or satisfied by the Owner. Please contact Kris Kilborn at kris.kilborn@stantec.com regarding the cost sharing.
That the Owner enter into an Agreement with the City, at the expense of the Owner(s) and to the satisfaction of the Manager of the Development Review All Wards Branch, or their designate, which provides the following covenant/notice that runs with the land and binds future Owner(s) on subsequent transfers:
"The property is located within three kilometres of an operating solid waste disposal site and therefore may be subject to noise, dust, odours, trucking traffic, and other activities associated with that use."
The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
That the Owner(s) provide evidence to the satisfaction of the Chief Building Official, or designate, that the vinyl sided garage, shed and addition on the west side of the existing detached dwelling have been demolished or relocated under the authority of a building permit.
That the Owner(s) satisfy the Chief Building Official, or designate, by providing design drawings or other documentation prepared by a qualified designer, that as a result of the proposed severance the existing building on Part 3 on the Plan of Survey shall comply with the Ontario Building Code, O. Reg. 332/12 as amended, in regards to the limiting distance along the West property line. If necessary, a building permit shall be obtained from Building Code Services for any required alterations.
That the Owner/Applicant(s) provide a Grading and Servicing Plan with the proposed elements/structures (driveways, retaining walls, projections, etc.) designed and located based on the least impact to protected trees and tree cover, as well as a revised Tree Information Report reflecting these changes to the satisfaction of the Manager of the relevant Branch within the Planning, Development and Building Services Department, or their designate(s).
That the Owner provide a Geotechnical Report prepared by a Professional Civil Engineer licensed in the Province of Ontario, that is satisfactory to both Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate and to the Rideau Valley Conservation Authority to be confirmed in writing from the PDBS and the Authority to the Committee, demonstrating the following:
(a) That all parcels to be created by this application are or can be made suitable for residential purposes (slope stability, erosion protection, and building limits adjacent to slopes);
(b) That there are no adverse environmental impacts.
The Geotechnical Report shall, as a minimum, determine the limit of sensitive marine clays present on the severed parcel and provide recommendations for construction methods based on the soil types encountered.
That the Owner(s) provide evidence (servicing plan) to the satisfaction of both the Chief Building Official and Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or designates, that both severed and retained parcels have their own independent water, sanitary and storm connection as appropriate, and that these services do not cross the proposed severance line and are connected directly to City infrastructure. Further, the Owner(s) shall comply to 7.1.5.4(1) of the Ontario Building Code, O. Reg. 332/12 as amended. If necessary, a plumbing permit shall be obtained from Building Code Services for any required alterations.
That the Owner(s) submit a Site Servicing Brief prepared by a Professional Civil Engineer licensed in the Province of Ontario, for approval by the Manager of the Development Review All Wards Branch within Planning, Development, to be confirmed in writing from the Department to the Committee, outlining the municipal servicing requirements for each unit and indicating, if required, that capacity exists within existing City infrastructure.
That the Owner(s) may be required to enter into an Infrastructure Agreement with the City of Ottawa to extend the municipal services on Renaud Street at their own costs and post the necessary securities for the work on the City Right-of-Way to the satisfaction of the City’s Planning, Development and Building Services Department ’s Infrastructural Approvals Branch and to the satisfaction of City Legal Services. The Owner(s) must also receive the approval of the Ontario Ministry of the Environment Conservation and Parks for the extension of the municipal services. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title. Should the required Site Servicing Brief confirm that sufficient infrastructure exists within Renaud Road, the Development Review Manager of the All-Wards Branch within Planning, Development and Building Services Department, or their designate, shall deem this condition satisfied.
The Owner(s) shall:
prepare a noise attenuation study in compliance with the City of Ottawa Environmental Noise Control Guidelines to the satisfaction of the Development Review All Wards Manager, Planning, Development and Building Services Department, or his/her designate. The Owner(s) shall also enter into an agreement with the City that requires the Owner to implement any noise control attenuation measures recommended in the approved study. The Agreement will also deal with any covenants/notices recommended in the approved study, that shall be registered on the land title and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise. The Agreement shall be to the satisfaction of the Development Review All Wards Manager, Planning, Development and Building Services Department, or his/her designate. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.
or
Design the dwelling units with the provision for adding central air conditioning at the occupant’s discretion and enter into an Agreement with the City, at the expense of the Owner, which is to be registered on title to deal with the covenants/ notices that shall run with the land and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise levels due to the existing source of environmental noise. The Committee requires a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title. The following two conditions will be included in the above-noted Agreement:
Notices-on-Title respecting noise:
i) “The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that this dwelling unit has been fitted with a forced air heating system and the ducting, etc. was sized to accommodate central air conditioning. Installation of central air conditioning by the Purchaser/Lessee will allow windows and exterior doors to remain closed, thereby ensuring that the indoor sound levels are within the City of Ottawa’s and the Ministry of the Environment and Climate Change's noise criteria;” and
ii) “The Purchaser/Lessee for himself, his heirs, executors, administrators, successors and assigns acknowledges being advised that noise levels due to increasing roadway traffic may be of concern, occasionally interfering with some activities of the dwelling occupants as the outdoor sound level exceeds the City of Ottawa’s and the Ministry of the Environment and Climate Change’s noise criteria.”
That the Owner(s) shall provide evidence that a grading and drainage plan, prepared by a qualified Civil Engineer licensed in the Province of Ontario, an Ontario Land Surveyor or a Certified Engineering Technologist, has been submitted to the satisfaction of Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate to be confirmed in writing from the Department to the Committee. The grading and drainage plan shall delineate existing and proposed grades for both the severed and retained properties, to the satisfaction of Manager of the Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.
That the Owner(s) enter into a resurfacing agreement with the City to the satisfaction of the Program Manager, Right of Way Branch within Planning, Development and Building Services Department, or their designate, and provide financial security in accordance with the Road Activity By-law, as amended, to install an asphalt overlay over the roadway surface of Renaud fronting the subject lands, to the limits shown on the approved Site Servicing Plan. Where the approved Site Servicing Plan demonstrates that resurfacing is not required based on the City’s Road Cut Resurfacing Policy, the Development Review Manager of the All-Wards Branch within Planning, Development and Building Services Department, or their designate, shall deem this condition satisfied.
That the Owner acknowledges and agrees to convey to the City, at no cost to the City, an unencumbered road widening across the complete frontage of the lands, measuring 13 meters from the existing centerline of pavement/the abutting right-of- way along Renaud, pursuant to Section 50.1(25)(c) of the Planning Act and Schedule C16 of the City’s new Official Plan, if required. The exact widening must be determined by legal survey. The Owner shall provide a reference plan for registration, indicating the widening, to the City Surveyor for review and approval prior to its deposit in the Land Registry Office. Such reference plan must be tied to the Horizontal Control Network in accordance with the municipal requirements and guidelines for referencing legal surveys. The Owner(s) must provide to the City Surveyor a copy of the Committee of Adjustment Decision and a draft Reference Plan that sets out the required widening. The Committee requires written confirmation from City Legal Services that the transfer of the widening to the City has been registered. All costs shall be borne by the Owner.
That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Application for Consent.
That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for the conveyance for which the consent is required.